GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has been convicted under Section 302 -A, 279 and 338. Indian penal Code and variously sentenced, maximum being one year's rigorous imprisonment.

(2.) THE case of the prosecution was that the petitioner while driving Bus No. PUP 2799 of the Pepsu Road Transport Corporation in the own of Kapurthala, caused an accident while driving it rashly and negligently and thereby having run over Manjinder Singh, a young boy aged 7 years, and have injured Kamaljit Singh aged 11 years, the former's brother. It was alleged against the petitioner that Kamaljit Singh was riding the cycle, on the pillion seat of which his younger brother Manjinder Singh was sitting. They were going on the road leading from Amritsar at Kapurthala side. When they were near the workshop of one Darshan Singh, they saw the bus coming at a fast speed and they got down from the cycle and went on the kacha track of the road, but inspite of that, the bus struck against them, the result being that Manjinder Singh was run over under the front right wheel of the bus and killed at the spot. Kamaljit Singh sustained injuries, as a result of the accident. The occurrence was seen by Darshan Singh P.W. 1, another Darshan Singh P.W. 2 and one Jaila P.W. 5.

(3.) THE matter was formally reported to the police. The injured was removed to the hospital and medically attended. Dead body of Manjinder Singh was subjected to post mortem. Investigation was carried out. The petitioner was finally sent up for trial and he was convicted and sentenced. His appeal failed.